News & Insights

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30 May 2017 • Insights

The first operating guide on the application of the European Regulation on the protection of personal data has been published

The Personal Data Protection Authority has prepared and published the first operating guide on the application of European Regulation No. 2016/679, which is now available on its official website. The operating guide includes 6 sections: (i) Legal grounds for processing; (ii) Information notice; (iii) Rights of the Interested Parties; (iv) Data Controller, Data Processor and ....

26 May 2017 • News

“Yes, we only think about work”: the new advertising campaign by De Luca & Partners has been launched

De Luca & Partners’ new ad campaign is live! The creative side of the campaign was developed to reiterate with a bit of irony and a light tone the mission that for 40 years has been characterising our office, which has become a reference point in the labour law sector for national and international companies ....

18 May 2017 • Insights

“Health and Safety, the disclosure on risks is the responsibility of the employer” (Sole 24 Ore and Il Quotidiano del Lavoro, 18 May 2017 – Vittorio De Luca, Federica Parente)

Competitività, innovazione e conciliazione dei tempi di vita e lavoro, il tutto in sicurezza: sono questi i capisaldi della nuova...

3 May 2017 • Insights

Unfair dismissal: the indemnity paid to the unfairly dismissed manager must be taxed

The Lombardy Territorial Court, with judgement No. 33/33/17, confirmed that the indemnity paid to a manager consequently to unfair dismissal challenged judicially and settled (the Industry Executives National Collective Bargaining Agreement applied to this specific case) is not compensatory in nature and is thus subject to taxation. As a matter of fact, this indemnity may ....

2 May 2017 • Insights

Minutes of the conciliation meeting: voided if the worker has been deceived

The Court of Cassation, with judgement No. 8260 dated 30 March 2017, reforming the judgement of the Court of Appeal with jurisdiction in the territory, accepted the complaints of a worker who had signed the minutes of a conciliation meeting at the union’s and then requested them to be voided with the goal of having ....

2 May 2017 • Insights

Dismissal is acceptable if exceeding the protected period is due to another illness

The Court of Cassation, with judgement No. 9395 filed on 12 April 2017, issued a ruling on the dismissal ordered to a disabled employee for exceeding the protected period, declaring the legitimacy of the order. In fact, the Court has confirmed the line of thought according to which absences connected to the status of disability ....

2 May 2017 • Insights

Court of Cassation: dismissal of working mothers is void

The Court of Cassation, with judgement No. 475, filed on 11 January 2017, intervened in the matter of dismissal of working mothers, stating once again that dismissal ordered to a working mother at the beginning of the pregnancy until her child is one year old is void and ineffective. In the specific case, the Court ....

2 May 2017 • Insights

Court of Milan: growing protection, voiding of the probation clause does not imply reintegration

The Court of Milan, with judgement No. 730 dated 8 April 2017, ruled again on the matter of applicable protection in the event of a voided probation clause for those who are hired under a contract with growing protections. In the matter in hand, a female worker was notified of termination due to failed passing ....

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